Report on the 12^th and the 13^th meeting of the 46^th Session Human Rights Council

February 26 // March 1, 2021

By: Laura Calderón Pachón and Alejandro Fernández

Introduction

In February 2021, during the 46th regular session of the Human Rights Council, the High Commissioner delivered her oral update on the human rights situations in several Latin-American States, with special consideration to the impact of the COVID-19 pandemic.

Ms. Michelle Bachelet, the High Commissioner for Human Rights, reported on her Office's activities in Colombia, Guatemala, and Honduras, among other countries. She stressed that leaders are expected to make difficult decisions in order to address the multiple challenges of COVID-19. However, the best way to approach these challenges is to involve the public, enabling a wide array of views, experiences and needs to take part in the decision-making process. She highlighted that people were the best resource for better policies, so that every society had to involve the public when constructing solutions. Today, people should manifest their demand to actively participate in shaping policies. The High Commissioner drew the attention to the UN Guidance Note on Protecting and Promoting Civic Space to show the importance of making this development a reality.

During the oral update, she presented her insight on the human rights situation in Afghanistan, Belarus, Central African Republic, Colombia, Cyprus, Korea, Kongo, Eritrea, Guatemala, Honduras, Nicaragua, the occupied Palestinian territory, Sri Lanka, Ukraine and Venezuela.

The High Commissioner called on the authorities to amend national legislation to seek justice and accountability for victims and underscored that healthcare, childcare and social protection were essential to remedy the economic pain the pandemic had caused.

Among other topics, Ms. Bachelet expressed concern for the fact that fundamental rights and civic freedoms continue to be curtailed in the name of national security and the COVID-19 response. In particular, activists, lawyers and human rights defenders continue to face arbitrary charges and arrests.

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Across the Americas  - The impact of COVID-19

In the Americas, this situation has been aggravated by weak social security systems and long-standing structural inequality and discrimination, especially for afro-descendent and indigenous peoples. High numbers of informal workers has made Latin America specially vulnerable to the economic side effects of confinement and other social distancing policies. According to the UN High Commissioner, data has shown there is a major socioeconomic and humanitarian crisis, as poverty rates are currently over 37% in Latin America and the Caribbean.

Ms. Bachelet considered that in recent years, countries in the Americas including Bolivia, Chile, Colombia, Ecuador, Guatemala, Haiti, Honduras, Mexico and Peru have seen a growing movement of social protests. Every situation is different, but they all focus on inadequate access to economic and social rights, discrimination, impunity, and allegations of corruption. Very ofter, police agents use unnecessary and disproportionate force against peaceful protesters and demonstrators. The pandemic unfolded a socioeconomic and humanitarian crisis that has further increased social discontent.

From the above mentioned, the High Commissioner encouraged all States to take measures to prevent further deterioration of the situation and to guarantee meaningful participation in the pandemic response. She called on States to protect the rights to freedom of association and peaceful assembly, in accordance with international human rights standards.

Another relevant issue Ms. Bachelet addressed was the need for the States to ensure measures that would tackle migration abusive policies which violate migrants’ and refugees’ human rights, including executive orders, family separation, racial discrimination and housing policies.

Reports of the United Nations High Commissioner for Human Rights and reports on Guatemala, Honduras and Colombia & the oral update on Venezuela and the COVID 19 pandemic.

In in a series of oral submissions, Ms. Bachelet addressed the human rights situation in Guatemala, Honduras, Colombia and Venezuela, and offered her views on the human rights impact of COVID-19.

First, she presented her report on Colombia (A/HRC/46/76). There, her Office had continued to cooperate with the Colombian government, recognizing the measures it had taken to protect Venezuelan migrants. The High Commissioner's Office noticed the intensification of violence due to the increase of armed non-state actors and criminal gangs, which caused great harm to the Colombian civil population. In 2020, the UN reported 81 massacres, 133 homicides of human rights defenders and at least 252 killings of guerrilla ex members belonging to the FARC group since the peace accords in 2016. Due to the situation, Ms. Bachelet urged the Colombian government to strengthen its efforts to protect the civil population in the most affected areas. She called on the government to adopt public policies in order to dismantle criminal organizations and welcomed the Colombian government’s measures to respond to early calls within the internal organizations and judicial organs.

She then addressed the situation in Guatemala (A/HRC/46/74). Ms. Bachelet assured her office had been cooperating with the government throughout 2020 and that they have discovered the many systematic and structural challenges faced by the country, including poverty, inequality, discrimination, impunity, insecurity and socioeconomic impacts, which have been disproportionate for indigenous peoples, women and disabled peoples. She insisted on the importance of protecting the most vulnerable groups by enacting legislation to expand social assitance and access to justice.

Subsequently, the High Commissioner delivered her update on Honduras (A/HRC/46/75). She mentioned her office had maintained technical cooperation with the executive, legislative and judicial branches, and that the country continued to face from many challenges to guarantee human rights, including violence, impunity and discrimination. The COVID-19 pandemic and the devastating consequences of hurricanes Eta and Iota had exacerbated preexisting difficulties for the most vulnerated groups of society. Ms. Bachelet commendded the government’s disposition to follow recommendations on policing of social protests, demilitarization and strengthening civic institutions. She underlined that accountability and access to justice ought to be reinforced, and that more protection had to be offered to human rights defenders and all those threatened because of their social activities.

With regards to Venezuela, the High Commisioner's oral update mentioned that her Office's collaboration with Venezuela consisted of technical assistance to monitor preventive detention facilities and establish investigation protocols for violations to the rights to life and personal integrity. She exhorted the government to respect the independence of the courts, the ensure access to public information and release illegally detained people.

Finally, Ms. Bachelet address the global impact of COVID-19. She stressed that the pandemic had demonstrated that a strong universal healthcare system, accessible without discrimination and regardless of a person’s ability to pay, was essential. Comprehensive health coverage should becomen a priority for States, and vaccines must be made available to everyone. The High Commissioner affirmed that it was possible to achieve a swift and satisfactory recovery by using a human rights approach. 

General debate: Statements by Delegations of Concerned States

Colombia

Ms. Adriana Mejía Hernández, representative of Colombia (source: UN live TV)

The delegation of Colombia affirmed that the State, President Iván Duque and all branches of government were aware of the security problems and human rights challenges. She reaffirmed the government's commitment to guarantee the human rights of Colombian's, in compliance with the peace accords signed by the government with the ex-guerrilla members from the FARC group.

There is currently a High Commissioner’s Office for Human Rights in Colombia (the biggest one in Latin America) whose mandate will expire in 2022, and there are 114 officer, including consultants and contractors. This Office and its proposals have successfuly cooperated with the government to improve the human rights of Colombians.

In terms of security, the representative mentioned that homicide rates per year had decreased during the last 20 years. The State recognized the threats faced by social leaders and, in particular, the violence generated by armed organized groups linked to narcotraffic and guerrilla dissidents from the FARC group. The representative expressed that the State was very much aware of the important work carried out by those community leaders, engaged in all kinds of kind of social causes, including land restitution, peasants' rights, protectin of the environment, victims of forced displacement, trade unions, human rights of women, afro-descendants, youth and children and LGTBI persons, human rights communicators, human rights lawyers and defenders, leaders for the implementation of the peace agreement, and  political and religious movements. 

The Colombian government called on the international community to redouble efforts iwith the purpose of confronting the pandemic and to ensuring sustainable recovery.

Guatemala

Mr. Carlos Ramiro Martinez, representative of Guatemala (source: UN live TV)

On the other side, the delegation of Guatemala took note on the conclusions and recommendations given by the High Commissioner and the considerate efforts made to tackle inequality, poverty, discrimination and malnutrition. Guatemala underlined the specific needs identified by the government and pledged to address them in the future. Those needs were:

• National policy on people with disabilities.
• Protection of older adults.
• Gender equality.
• Prevention and care for women and girls.
• Restitution for damages caused, with a focus on gender and cultural belonging.
• Protection of childhood and adolescence.
• Education, participation and employment for the disabled people.
• A comprehensive protection model for women victims of violence.
• Multicultural and multilingual programmess (i.e. indigenous rights, ancestral knowledge, cultural identity and normative framework on consultations with indigenous peoples)
• Fight against corruption.
• Government transparency and innovation in the executive branch.
• Public Ministry: Special Prosecutor's Office against impunity to investigate violations against human rights defenders and trade unionists.
• Protection of persons under police custody.

Honduras

Representative of Honduras (source: UN live TV)

Honduras took note on the High Commissioners’ recommendations and reaffirmed its will to collaborate in the promotion and protection of human rights.

The representative mentioned that mechanisms had been put in place to provide economic and social assitance in the face of the COVID-19 pandemic and the devastating consequences of recent tropical storms. In order to protect the most vulnerable, Honduras has created programmes such as:

1. Solidarity Honduras.
2. Debt relief.
3. Credit to the agricultural sector.
4. Property in the food product and food industry sector.
5. Law of food assistance in case of disasters and relief to the productive sector and workers among others.

Venezuela

Mr. Héctor Constant Rosales, representative of the Bolivarian Republic of Venezuela (source UN live TV)

The delegation of Venezuela brought to the Council's attention the great suffering caused to the Venezuelan people by the illegal coercive measures implemented by the USA and its allies. These economic sanctions and the pandemic had aggravated the economic problems,  impaired access to public services and forced many Venezuelans to displacement. The representative considered the sanctions a crime against humanity as stipulated in the Rome Statue.

Among the agreements made to contain the pandemic, the government made a plan with some specific activities:

1. Eleven training workshops on the promotion and protection of human rights.
2. A coordination committee to follow the work plan that has met 15 times with the UN and the government.
3. Diagnostic studies on the current situation regarding preventive prevention centres to improve the human rights of vulnerable groups.
4. Follow-up mechanisms on human rights recommendations and unified protocols for the investigation of alleged complaints of human rights violations.
5. Strengthening of the regulator's office in accordance with the legal system and the principles of the Paris agreements.
6. National plan 2021 - 2025.
7. 19 visits to prisons.
8. OHCHR officials have visited 7 states, where they met with authorities and members of civil society.
9. OHCHR officials visited the Bolivarian National Intelligence Service (SEBIN).

General Debate: Statements by other State Delegations

Mr. Chen Xu, Representative of the People's Republic of China (source: UN live TV)

The 13^th meeting of the 46^th session of Human Rights Council conveyed numerous state delegations for a General Debate on Agenda Item 2. The meeting was held in the Palais de Nations in Geneva, on 26 February 2021, though government representatives broadcasted their oral messages through videoconference platforms.

The representative of China, delivering a statement on behalf of a group of like-minded countries, pointed out that the COVID-19 pandemic was raging around the world, threatening people's right to life and the right to health, severely affecting the economy and people's livelihoods in all countries, and exacerbating inequality, which they believed may lead to a reversal of the goals of the 2030 Agenda for Sustainable Development. The representative also expressed concern over the aggravation of racism, racial discrimination, xenophobia, and related intolerance, highlighting that this year marked the 20th anniversary of the Durban Declaration and Programme of Action as well as the 35th anniversary of the Declaration on the Right to Development.

The representative called on the international community to address inequality in individual States, and increase inputs in areas such as economic, social and cultural rights and the right to development, the rights of vulnerable groups, the fight against racism, as well as the negative impact of unilateral coercive measures.

Mr. Khalil ur Rahman Hashmi, representative of Pakistan (source: UN live TV)

The representative of Pakistan called for an even-ended implementation of the global human rights agenda, urging the Council to address the systematic violation of human rights in Palestine and Kashmir. He asked all UN bodies to earnestly follow up on the implementation of resolutions on the occupied Palestinian territory and hold accountable those responsible for continued violations of the rights of the Palestinian people. He insisted on the importance of publishing data on business enterprises involved in activities related to Israeli settlements.

The representative also expressed concern about the human rights situation in occupied Jammu and Kashmir. He further condemned the damage and loss of properties, including religious sites, caused by Armenia in the territories of Azerbaijan, and reaffirmed its full support for the government and people of Azerbaijan in their efforts to rehabilitate and rebuild the occupied territories.

Netherlands, speaking on behalf of the group of friends of R2P, expressed that the unprecedented COVID-19 crisis had demonstrated the need for a universal commitment to protect the most vulnerable, and to address structural inequalities which continue to accelerate the pandemic’s impact. Systematic human rights violations and abuses were often facilitated by increasing levels of misinformation, hate speech and incitement to violence. It is therefore essential to address serious violations and abuses at an early stage. Here, the work of the High Commissioner’s Office is essential. The Geneva-based human rights mechanisms, including special procedures and treaty bodies, can also contribute to strengthening the trust in prevention. Furthermore, the UN Human Rights Council-mandated investigative mechanisms may also have an inherent effect on the future commission of atrocity crimes. Through the work of these mechanisms, governments can further identify gaps in their domestic atrocity prevention efforts, and subsequently strengthen national resilience.

Along similar lines, Germany, delivering a statement on behalf of over 40 countries, recognized the engagement of the Ethiopian government during recent visits by senior UN officials, though maintained concern over allegations of serious human rights violations. The limitations in accessing Tigray still exist, thus preventing sufficient provision of humanitarian assistance to avoid the risk of famine and prevent further loss of life. The representative called on Ethiopia to grant unhindered humanitarian access and condemned in the strongest terms the reported killings of civilians and acts of sexual violence. Finally, the representative called for the withdrawal of all Eritrean troops from Ethiopia.

Mr. Gian Lorenzo Cornado, representative of Italy (source: UN live TV)

Italy reaffirmed its readiness to support the High Commissioner in an effort to build global responses aimed at ensuring a sustainable, secure, and prosperous future through a human rights based and a gender responsive approach to recovery. Participation of civil society and the contributions of human rights defenders should be encouraged and supported as key elements to push all of us to do better. The COVID-19 pandemic has recently shown that no country can act alone to defeat the virus, but that efforts must be collective. The Italian representative said that the European Commission was working to set clear principles on pandemic preparedness and strengthening the multilateral global health architecture.

The representative of France highlighted how the COVID-19 pandemic had increased inequalities and violence against women and children. He focused on the need to recreate free spaces where civil society journalists and human rights defenders can fully play their role and contribute to the democratic debate. He called on Iran to immediately free political prisoners and prisoners of conscience, and called on Russia to release Alexei Navalny. He condemned the increasing crack down on political and civil rights in Nicaragua and the repeated violations of civil rights in Cambodia, as well as arrests of representatives of civil society in Turkey.

The United Kingdom welcomed the High Commissioners report in regards to its response on the human rights situation in Zimbabwe, while expressing concern over the treatment of opposition candidates, their supporters, and the media around the presidential and parliamentary elections in Uganda on the 14^th of January. He also welcomed the dismantling of the special anti-robbery squad in Nigeria following the 2020 protests against police brutality.

The Republic of Korea thanked the High Commissioner for her comprehensive update on the dire human rights situations in many corners of the world. The representative noted with great concern that freedom of expression and freedom of peaceful assembly are under severe threat in many regions. The restriction to the flow of information, such as Internet shutdowns, as well as the excessive use of force against peaceful protesters have become an increasingly worrisome trend, especially in the context of elections. In this regard, the role of the voice of the High Commissioner is instrumental. She called on all countries to cooperate fully with the OHCHR.

Venezuela, on behalf of a like-minded group, mentioned that the work of the Human Rights Council should be carried out in an objective and impartial manner. He rejected the constant use of Agenda Item 2 to organize debates to put to shame countries of the South.

The COVID-19 pandemic has created an unprecedented situation, and countries facing illegal unilateral coercive measures cannot use their income to buy medicine, and foodstuffs through global markets. Those countries have thus been limited in their access to vaccines that are in the hands of those countries that apply these measures.

Mr. Dmitry Vorobiev, representative of the Russian Federation (source: UN live TV)

Likewise, the representative of Russia pointed out that the COVID-19 pandemic poses challenges for all countries, but mostly for those facing unilateral coercive measures. He found it unfortunate that the calls to the High Commissioner to take back these unilateral coercive measures have not yet come to fruition. He blamed Western countries for using accusative rhetoric to interfere in the internal affairs of other countries, mostly those that are carrying out an independent foreign policy agenda, which is a clear manifestation of double standards. He urged Western countries to work towards constructive dialogue with other countries on the basis of equality on the most urgent issues related to human rights.

Cuba condemned the ongoing threats and unilateral protective measures and other acts of aggression, destabilization, and interference that have been targeting developing countries which hide behind the artificial pretext of a hypocritical narrative about human rights concerns. The economic trade and financial blockade imposed by successive governments of the United States of America against Cuba was tightened to unprecedented levels at the very height of the COVID-19 pandemic. He reiterated his country’s unequivocal condemnation of the steps taken to designate Cuba as the state sponsor of terrorism, a measure adopted by the administration of former President Donald Trump, and reaffirmed their boundaries with Venezuela and Nicaragua. He further welcomed the visit of the Special Rapporteur on unilateral coercive measures to Venezuela, which demonstrated the criminal impact of the economic war that's been waged against the country.

Among the observer states of the Council, Canada highlighted how the pandemic has affected some groups in a disproportionate manner and showed concern over the fact that some states have taken advantage of the pandemic to persecute marginalized communities and those in vulnerable situations. In such context, the representative stressed the importance of the collective to fight COVID-19 and reaffirmed Canada’s commitment to guarantee that everyone has access to treatment and vaccines.

Then, Iran expressed its commitment to the cause of human rights, regardless of race, religion, language and ethnicity, notwithstanding the politicization and instrumentalization of human rights. He further emphasised that the COVID-19 pandemic has shown how racism and racial discrimination, as well as xenophobic mentality have played a significant part in undeserving marginalized groups in many countries.

Mr. Daniel Kronenfeld, representative of the United States (source: UN live TV)

Finally, the United States reiterated its commitment to working with the governments of El Salvador, Guatemala and Honduras to protect human rights, strengthen democratic institutions and combat corruption and impunity. The representative expressed concern for reports of extrajudicial killings of environmental defenders and journalists in Honduras. He further echoed the High Commissioner’s call on authorities in Colombia to do more to end violence against social leaders, human rights defenders and ex combatants and to protect all citizens, especially the most vulnerable, including indigenous groups and members of racial and ethnic minority communities in those dwelling in rural areas where the government's reach is limited.

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GICJ  Position

Geneva International Centre for Justice (GICJ) submitted oral statements to the 46^th session of the Human Rights Council pertaining to the human rights impact of COVID-19 (see Impacts of Racism on Basic Human Rights; and Democracy under threat: How to build back better and achieve SDG 16?). We also submitted written statements on the impact of the pandemic in Latin American detention facilities (see full statement here), in the access to water and sanitation in Iraq (see full statement here) and in the human rights of Palestinian prisoners (see full statement here).

GICJ is extremely concerned for the lack of effective cooperation and solidarity among States to guarantee an equitable distribution of vaccines. It has been amply proven in the past year that the pandemic is a global problem which merits global solutions. No State, no matter how comprehensive its own vaccination campaign has been, can lock itself away and expect to remain unharmed while the virus is running wild beyond its borders.

Vaccines need to be made available to all countries. Low-income States should not be left out of the allocation of vaccine doses. Those countries that concentrate the largest pharmaceutical industries should refrain from giving their own population preference over foreign markets and from blocking the export of essential supplies for the manufacturing of vaccines abroad. By the same token, vaccines should be provided to every person, at no cost and without consideration to the recipient’s migratory status.

It is only by the observance of these principles that humanity will be able to turn on the page on this trying and devastating ordeal.

keywords: High Commissioner, Human Rights Council, Covid-19, Honduras, Colombia, Guatemala, Venezuela, Americas,  GICJ,  Geneva4Justice